Contractor Abandoned a Project and Left His Tools Behind

My question involves personal property located in the State of: Texas

Background: We hired independent contractor for exterior house repairs and painting. He abandoned the project halfway through after being prepaid for the majority of the project. We've hired a reputable company to do the job and took quite a hit financially.

Situation: We've accepted our loss, but his equipment and tools are still taking up much-needed space. We've already asked him to retrieve it, but he's unresponsive. It's been 8 or 9 months for a job that was supposed to last for a week.

Question: What are the legal repercussions of getting rid of his property, and how should I proceed without getting into trouble myself?

Re: Contractor Abandoned a Project and Left His Tolls Behind

As you can see here, personal property may be presumed abandoned after three years. It's not realistic for you to store the property for three years, but disposal of property that is not legally abandoned in the eyes of the law does carry risk.

When you say "he's unresponsive", does that mean that you have no evidence that he's even receiving your messages? Does he have a business address? Does he have any form of contractor's license?

Re: Contractor Abandoned a Project and Left His Tolls Behind

Quoting cls78628

My question involves personal property located in the State of: Texas

Background: We hired independent contractor for exterior house repairs and painting. He abandoned the project halfway through after being prepaid for the majority of the project. We've hired a reputable company to do the job and took quite a hit financially.

Situation: We've accepted our loss, but his equipment and tools are still taking up much-needed space. We've already asked him to retrieve it, but he's unresponsive. It's been 8 or 9 months for a job that was supposed to last for a week.

Question: What are the legal repercussions of getting rid of his property, and how should I proceed without getting into trouble myself?

Tools can have an extraordinarily high value. I would be very hesitant to dispose of them unless they are legally considered to be abandoned. You could get sued for a surprisingly high amount of money.

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